New Zealand Case Law: Decisions & Judgments

Topic

Section 30 commerce act 1986

Legal area

Court

8 Sept 2020

COMMERCE COMMISSION v LODGE REAL ESTATE LTD [2020] NZHC 2329

Citation

[2020] NZHC 2329
Court

High Court

The consensus among Hamilton agencies constituted an arrangement that interfered with the competitive setting of price and therefore contravened ss 27 and 30. Starting points for corporate penalties were set within the range applied to comparable Hamilton participants ($1.7–$2.1m). Considering market shares, roles, absence of evidence that Lodge or Monarch were ringleaders, lack of aggravating individual factors, and parity with other attending directors, Lodge was ordered to pay $2.1 million and Monarch $1.9 million. No pecuniary penalties were ordered against Mr O'Rourke or Mr King because…
20 Jun 2019

COMMERCE COMMISSION v GEA MILFOS INTERNATIONAL LTD [2019] NZHC 1426

Citation

[2019] NZHC 1426
Court

High Court

The court found Milfos breached s27(1) and (2) via s30 by agreeing to use a quote calculator that fixed or controlled retail prices; having assessed culpability, market size, harm, and mitigation (25% discount for admission and cooperation) the appropriate pecuniary penalty was the parties' agreed $825,000 and the court ordered that sum and a declaratory finding of contravention.
16 Dec 2016

COMMERCE COMMISSION v LODGE REAL ESTATE LTD [2016] NZHC 3115

Citation

[2016] NZHC 3115
Court

High Court

The Court found Lugton's engaged in unlawful price‑fixing under s27 read with s30; having established a starting point informed by comparable cases and applying a 45–50% reduction for significant mitigation (acceptance, cooperation and provision of evidence), the agreed $1,000,000 penalty fell within the justified final range and was therefore approved and imposed.
20 May 2016

COMMERCE COMMISSION v UNIQUE REALTY LIMITED [2016] NZHC 1064

Citation

[2016] NZHC 1064
Court

High Court

The Court found Unique knowingly entered and gave effect to a regional agreement that fixed the allocation of Trade Me listing costs and substantially lessened competition in the Manawatu real estate sales market, declared contravention of ss 27(1) and 27(2) via s30 and imposed a pecuniary penalty of NZD 1,250,000 after selecting a starting range of NZD 1.5–1.8m and applying a 25–30% reduction for mitigating factors consistent with precedent and statutory purposes.
26 Mar 2014

COMMERCE COMMISSION v CARTER HOLT HARVEY LTD [2014] NZHC 531

Citation

[2014] NZHC 531
Court

High Court

The Court accepted the admitted facts established a price‑fixing understanding in the Auckland commercial MSG8 market, determined statutory maxima were far in excess of likely appropriate penalties, fixed a starting point comparable to prior cases (assessing market importance, duration, role and culpability), then applied substantial discounts for cooperation, admissions, absence of prior offending and limited commercial gain. That produced a final corporate penalty of $1,850,000 for Carter Holt and $5,000 for Mr Dodds, with parties to bear their own costs and procedural orders respecting sea…
11 May 2011

THE COMMERCE COMMISSION V QANTAS AIRWAYS LIMITED HC AK CIV 2008-404-8366

Citation

openlaw-2967aa73_2fe0_4bcb_89f9_3ce98fc9007b.pdf
Court

High Court

Having accepted Qantas's admissions of entering into and giving effect to the FSU in breach of ss27/30, the Court fixed an aggregate starting point of $13,000,000 for all admitted conduct, applied a 50% discount for extensive cooperation, remediation, first-offender status and other mitigating factors, and therefore approved the parties' agreed pecuniary penalty of $6,500,000 and costs of $100,000 as within the proper range given deterrence, market impact and precedent.

New Zealand Case Law

COMMERCE COMMISSION v LODGE REAL ESTATE LTD [2020] NZHC 2329

COMMERCE COMMISSION v GEA MILFOS INTERNATIONAL LTD [2019] NZHC 1426

COMMERCE COMMISSION v LODGE REAL ESTATE LTD [2016] NZHC 3115

COMMERCE COMMISSION v UNIQUE REALTY LIMITED [2016] NZHC 1064

COMMERCE COMMISSION v CARTER HOLT HARVEY LTD [2014] NZHC 531

THE COMMERCE COMMISSION V QANTAS AIRWAYS LIMITED HC AK CIV 2008-404-8366